Do my neighbours need to be notified of a Complying Development?

Are you building or renovating a property under CDC? Here’s everything you need to know about notifying your neighbours in NSW.

27 October, 2022
Do my neighbours need to be notified of a Complying Development?

When planning renovations or construction work and applying for a Complying Development Certificate (CDC), property owners and their certifiers may be required to notify neighbours, either before the approval of your application or before construction commences. Moreover, if needed, the notification to neighbours must align with government regulations and include specific information.

Building works can be disruptive. It is best to converse with neighbours in advance, regardless of requirements, so they know what to expect before receiving your approval. With that in mind, we’ve put together a simple guide covering everything you need to know about NSW complying development neighbour notification.

When do neighbours need to be notified when applying for a CDC?

Neighbours only need to be notified by your certifier if the development meets the following criteria:

  • Development specified under any State Environmental Planning Policy (SEPP) or Local Environmental Plan (LEP) that involves construction of a new dwelling or alterations and additions to an existing dwelling
  • Demolition under the SEPP code;
  • Secondary dwellings or group homes under the Housing SEPP.

It is important to note that there are two required neighbourhood notifications according to the NSW planning guidelines.

  1. Pre-approval notification
    Before a CDC is issued, neighbours within a 20m radius should be informed of the upcoming project.

    – Metro areas: Notified at least 14 days prior
    – Rural areas: not required to notify prior to the issue of a CDC, however, it is highly encouraged.
  2. Pre-construction notification
    Irrespective of the development type or the zoning of the land, property owners and certifiers need to notify neighbours within a 20m radius before building commencement of construction if your development is:

    – Metro areas: Notified at least 7 days prior
    – Rural areas: notified at least 2 days prior

It is the applicant’s responsibility to ensure neighbours are notified of the upcoming construction, including keeping a record of the addresses of where the notice has been submitted.

Which neighbours do I need to notify when applying for a CDC?

Under NSW legislation, only certain neighbours must be notified before a CDC is granted. The notice must be sent to the occupier of any property (which may or may not be the owner) within a 20-metre radius. If the dwelling is an apartment or multi-unit building, occupants of each apartment or unit must be notified separately.

Occupiers of these dwellings do not need to be notified before CDC approval if the dwelling is under construction, the lot is vacant, or used commercially, i.e. shops and offices. All neighbouring lots must be notified before construction, regardless of their occupancy or zoning.

What information needs to be provided to neighbours?

It’s important that notifications are completed correctly to avoid any issues with your complying development certificate. All notifications must be in writing either in person through a letter box or via the post and include the following:

  • The address of the development.
  • A description of the development.
  • The name and contact details of the certifier.
  • The name, address and contact details of the applicant.
  • The date the CDC was received.
  • Confirmation that the application has been lodged in accordance with Environmental Planning and Assessment Act 1979.
  • A statement that once the plans are approved, they will be available to view at the local council.

When they are notified, neighbours may request to see your plans, but under NSW law, you have no obligation to share them, nor are you required to alter a CDC-approved development if your neighbour requests that you do.

Get help from CDC experts

Applying for a complying development certificate can be difficult, time-consuming and costly, especially if the proper processes are not followed. But they don’t need to be. ES Design are one of Sydney’s leading building designers and CDC experts. We’ve helped thousands of people design developments and streamline CDCs with local councils. The result? A development process that’s faster, easier, more affordable and less stressful.

Get in touch with ES design today to enquire.

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